Legal Opinion

Allen v. Corby

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1901PublishedCited by 5 opinions

Appeal by the plaintiff, Charles M. Allen, from a judgment of the Supreme Court in favor of the defendant, entered in the office •of the clerk of the county of Kings on the 1st day of February, 1900, upon the verdict of a jury, and also from an order entered in ■said clerk’s office on the 31st day of January, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

This is an action brought to recover possession of a horse, wagon and harness of the value of $150, title to which, upon the trial, was admitted to be in the plaintiff. At the time plaintiff purchased this *2property of the Leahy & O’Brien Furniture Company it was in the possession of the defendant, who set up in his answer as a separate defense a lien for stabling the horse and storing the wagon and harness to the extent of $225. Upon the trial the jury found a verdict in favor of the defendant for $29.25, and from the judgment entered and from an order' denying a motion for a new…

2Cases cited3 opinions

  1. Lawrence v. . MillerNew York Court of Appeals · 1881
  2. Baumann v. . PinckneyNew York Court of Appeals · 1890
  3. Hoyt v. SpragueNew York Supreme Court · 1872

3Cited by5 opinions

  1. Potolski International, Inc. v. Hall's Boat Corp.Appellate Division of the Supreme Court of the State of New York · 1953
  2. Douglas v. Hayes CountyNebraska Supreme Court · 1908
  3. Macumber v. Detroit Cadillac Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1916
  4. Ruane v. SmithNew York Supreme Court · 1957
  5. Dunlevie v. SpangenbergNew York Supreme Court · 1910

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